13 Dec 2007
FORD V RYAN AND ANOR HC WN CIV 2005-485-845
- Citation
- openlaw-6b7cc1c1_8c28_41fa_a777_eae2c1ae8b1f.pdf
- Court
- High Court
The vendors breached clause 6.2(5)(c) by failing to deliver a code compliance certificate for works requiring consent (notably the exterior cladding), but plaintiffs elected to pursue remediation and thereby affirmed the contract; they did not prove entitlement to cancel or to quantifiable damages because (a) the absence of a CCC per se did not establish measurable loss, (b) specific performance is now impossible due to code changes, and (c) plaintiffs failed to prove non-compliance causally linked to loss in respect of the retaining wall. Judgment for defendants follows.